What's happening
This bill requires New York food service establishments to allow customers to use their own clean reusable containers for food and beverages.
Why it matters
Supports waste reduction and sustainability. by making it easier for consumers to avoid single-use packaging, potentially decreasing the amount of disposable containers sent to landfills and reducing plastic pollution.
Empowers customers. to make environmentally friendly choices without being denied service, reinforcing the right of individuals to participate in waste reduction at the point of sale.
Places responsibility on food service establishments. to accommodate reusable containers, but also allows them to reject containers that are not clean or suitable, balancing public health with environmental goals.
Requires clear communication. through mandatory signage, ensuring that all customers are aware of their new rights and helping normalize the practice of bringing reusable containers into mainstream dining culture.
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Who cares
Restaurants and other food service establishments
Those using single-use beverage containers or disposable food containers would have to honor qualifying requests to use customers’ reusable containers and post signs explaining that option.
Customers bringing reusable containers
They could request beverages and packaging of leftovers from partially consumed meals in their own containers, subject to suitability and cleanliness requirements.
Food service workers
They would need to dispense beverages and package leftovers in ways that prevent customer containers from contacting or contaminating food-contact surfaces of dispensing and serving equipment.
Headline styles
Allow Reusable Food Containers
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Reusable Restaurant Containers
In Senate Committee · Rules · Sponsor Jen Metzger
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8722
2019-2020 Regular Sessions
IN ASSEMBLY
October 28, 2019
Introduced by M. of A. FAHY -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to requiring food service establishments to permit the use of reusable beverage and food containers provided by customers
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "right to refill act".
§ 2. The public health law is amended by adding a new section 1352-f to read as follows:
§ 1352-f. Reusable beverage and food containers provided by customers. 1. Definitions. For purposes of this section, the following terms shall have the following meanings:
a. "Food service establishment" shall mean a public place engaged in the preparation and service on the premises of food and to the general public.
b. "Reusable beverage container" shall mean a bottle, mug, cup or other container that is designed and manufactured to hold beverages and is capable of multiple reuse.
c. "Single-use" shall mean a product that is designed and intended to be used only once for drinking or eating, and is generally recognized by the public as an item that is to be discarded after one use.
d. "Disposable food service container" shall mean all containers, bowls, plates, trays, cartons, cups, lids and other items that are designed or generally recognized by the public as being designed for single-use to hold, contain, or transport foods, including but not limited to, containers for leftovers from partially consumed meals prepared by food service establishments. The term "disposable food service container" shall not include items composed entirely of aluminum or polystyrene foam coolers and ice chests that are intended for reuse.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14006-03-9
A. 8722 2
e. "Reusable food container" shall mean all containers, bowls, plates, trays, cartons, cups, lids and other items that are designed and manufactured to hold food and are capable of multiple reuse.
2. Requirements. a. Any food service establishment in the state that serves beverages to customers in single-use containers shall not refuse the request of a customer who has ordered a beverage to serve such beverage in a reusable beverage container provided by the customer in substitution for the single-use container provided by the food service establishment, provided that:
(i) Such reusable beverage container is capable of and appropriate for serving such beverage, as determined based on the size, cleanliness, material, and any other relevant factors, of the reusable beverage container; and
(ii) Such beverage shall be dispensed in a manner that prevents contact with, or contamination of, the food-contact surfaces of the beverage dispensing equipment.
b. Any food service establishment in the state that serves food to customers in disposable food service containers shall not refuse the request of a customer who has leftovers from partially consumed meals to package such leftovers in a reusable food container provided by the customer in substitution for the disposable food service container provided by the food service establishment, provided that:
(i) Such reusable food container is capable of and appropriate for packaging such leftovers, as determined based on the size, cleanliness, material, and any other relevant factors, of the reusable food container; and
(ii) Such leftovers shall be packaged in a manner that prevents contact with, or contamination of, the food-contact surfaces of the food serving equipment.
3. Notification. a. Every food service establishment in the state that serves beverages to customers in single-use containers shall conspicuously post signage informing customers that they are permitted to request the service of beverages in their own reusable beverage containers.
b. Every food service establishment in the state that serves food to customers in disposable food service containers shall conspicuously post signage informing customers that they are permitted to request the packaging of leftovers from partially consumed meals in their own reusable food containers.
§ 3. This act shall take effect one year after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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